JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. Petitioner challenges the order dated 05.12.2022 in CS DJ 756/19, titled as "Yudhvir Singh vs. Virender Singh", whereby the application under Section 114 CPC r/w Order 47 Rule 1 CPC 1908, seeking setting aside of the order dated 23.07.2022 closing the opportunity of the petitioner/defendant to file his written statement, was dismissed.

2. Mr. Medhanshu Tripathi, learned counsel appearing for the petitioner submits that by way of an application under Order VI Rule 17 filed by the respondent/plaintiff, the amendment to the plaint was allowed on 22.02.2022.

3. Learned counsel submits that it was for the first time that subsequent to the allowing of the application under Order VI Rule 17 CPC, 1908, the petitioner was impleaded as a necessary party as defendant No.2.

4. It was in pursuance to that order, that the copy of the amended plaint was directed to be supplied to the petitioner.

5. Mr. Tripathi, learned counsel submits that the copy of the plaint along with the documents were supplied on 04.03.2022 to the previous counsel, since the counsel had not appeared and was negligent, the p